Climate Change
The Top-Ten Lower Court Decisions on Environmental Law
Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions.
CONTINUE READINGCongress Lacks Authority to Review California’s Car Waiver
It’s a complicated issue but the answer is clear: the Congressional Review Act does not apply.
States get many kinds of waivers from the federal government. For example, many states (including quite a few Red states) have received waivers from some Medicaid requirements. Overturning the EPA vehicle waiver would expose all state waivers to the risk of being overturned under the Congressional Review Act, contrary to the plain language of that statute.
CONTINUE READINGNew Tools for Communities Seeking to Leverage Energy Infrastructure Projects for Community Priorities
Local action becomes even more important under a new federal regime
The Biden Administration placed substantial emphasis on community benefits mechanisms in federal climate infrastructure investments, building on years of legal and community advocacy work that laid the foundation for federal community engagement standards for project developers. With the Trump Administration taking a different approach at the federal level, the role of stakeholders at the local …
CONTINUE READINGWhat can we learn from EU’s battery regulation?
New CLEE report with model policies to ensure a responsible EV battery supply chain
From cars and trucks to buses and trains, electric vehicles are playing an increasingly vital role in decarbonizing mobility and reducing oil dependence However, this transition brings with it a significant challenge: the immense pressure on battery supply chains. As demand for EVs increases, consumer countries will need to develop and implement policies that address the …
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CONTINUE READINGThe California Car Waiver and the Congressional Review Act
Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.
If the CRA resolution does go through, California should wait until after the midterms, when Democrats are favored to take the House, and then try again with different formulated regulations. When the Trump Administration rejects them, it could then litigate whether the new versions were “substantially the same” as the old ones.
CONTINUE READINGThe Trump Administration Is Trying an End Run Around Revoking California’s Car and Truck Rules
Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.
Last Friday, EPA’s Administrator Lee Zeldin announced a new and unprecedented way to try to prevent California from implementing its ambitious program to move toward 100 percent zero emission vehicles. This time around, the Trump Administration is trying a new tactic. Rather than revoking EPA’s decision (called a waiver) to allow California’s program to move …
CONTINUE READINGWhat Happens If EPA Revokes the Endangerment Finding?
The action would mean full-blown warfare against all things climate.
We are likely to learn next week if the Trump Administration will eviscerate the most important climate regulations the Biden Administration issued over the last four years. Under Trump’s “Unleashing American Energy” Executive Order, EPA Administrator Lee Zeldin is supposed to recommend by February 19 whether to reverse the central basis for much of the …
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CONTINUE READINGWhy I Still ♥ IRA
Biden’s climate law has already had a dramatic impact.
With over a half-trillion dollars in clean tech investment to date, the Inflation Reduction Act has left an indelible mark on U.S. climate policy. It’s unlikely that Congress will vote to repeal the whole law, given massive investments in GOP congressional districts. But even if they did, there’s no undoing the investments already made.
CONTINUE READINGThink Globally, Act Locally – Personal Environmental Action in the Era of Trump 2.0
AKA it should be much easier to put in a heat pump water heater.
The chaos of Trump 2.0 is making it difficult to think about affirmative environmental action these days. At the policy level and in the courts, environmentalists are going to be playing defense for the next few years. Much of what is going on these days feels beyond the average person’s control and that can be …
CONTINUE READINGTrump’s Offshore Wind Ban vs. China’s Wind Juggernaut
Why is the Trump administration kneecapping the U.S. offshore wind industry while China becomes a global giant?
This January, when I was in Beijing for a workshop at Tsinghua University on offshore wind, presentation after presentation from Chinese experts revealed just how China has become an absolute juggernaut in offshore wind. Professors from the Chinese Academy of Social Sciences and Tsinghua walked us through the governance structure — state planning, targets, industrial …
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